Single judge allowed bail to the applicant in a cheating and forgery case, furnishing a personal bond and sureties subject to specific conditions regarding court functions and witness tampering.
Released on bail upon execution of a personal bond and two sureties, subject to specified conditions regarding court functioning and conduct.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38136 of 2020
Applicant :- Azmullah @ Anmullah Siddiqui Opposite Party :- State of U.P.
Counsel for Applicant :- Anurodh Tripathi,Pulak Ganguly Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Azmullah @ Anmullah Siddiqui, with a prayer to release him on bail in Case Crime No.563 of 2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Khorabar, District- Gorakhpur, during pendency of trial.
There is allegation in the FIR that co-accused, Ataullah Siddiqui, has got a sale deed from Nazeer-un-nisha @ Hazra, executed in his favour on 18.5.1994 after producing some other woman in her place. The aforesaid purchaser, Ataullah Siddiqui, has executed an agreement to sell in favour of one, Kapildev Yadav, on 04.12.2016 and applicant is stated to be the marginal witness of the aforesaid registered agreement to sell.
Learned counsel for the applicant has submitted that applicant only testified the due execution of the document and was not aware of the genuineness of the document and entitlement of the co-accused to sell the land. Applicant has been falsely implicated in this case. The applicant has no criminal history to his credit and is in jail since 18.8.2020.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having considered the material on record, larger mandate
of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.11.2020 Ruchi Agrahari
1 issue framed by the court
Whether bail should be granted to the applicant under the specified conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶14
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Azmullah @ Anmullah Siddiqui
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
